Home
/
RELIGION & LIBERTY ONLINE
/
SCOTUS protects churches from COVID-19 overreach
SCOTUS protects churches from COVID-19 overreach
Apr 26, 2026 9:14 AM

To paraphrase an overrated writer, a spectre is haunting the United States – the spectre of religious repression in the name of stanching the coronavirus. The Supreme Court took a step toward exorcising that threat just before Thanksgiving.

Late Wednesday night, the justices ruled 5-4 to temporarily suspended the enforcement of New York Gov. Andrew Cuomo’s COVID-19 directives, which limit religious services to 10 people if the houses of worship are located in “red zones” or 25 people in “orange zones.” The governor’s directive treats religious believers as second-class citizens, subject to heavier government restrictions than a wide variety of secular businesses and organizations. “The regulations cannot be viewed as neutral because they single out houses of worship for especially harsh treatment,” the unsigned decision stated.

To pass constitutional muster, any government order restricting the unalienable freedom of religion must be “narrowly tailored” and serve a pelling government interest.” However, the New York order is anything but narrowly tailored. It unduly restricts churches, synagogues, mosques, and temples by shrinking their congregation well below levels necessary to maintain public safety. For instance, two of the churches represented in the lawsuit can modate more than 1,000 people each, and one of the synagogues can hold 400 people; more than two dozen worshipers could easily fit inside while observing social distancing requirements.

“[E]ven in a pandemic, the Constitution cannot be put away and forgotten,” the decision held. “The restrictions at issue here, by effectively barring many from attending religious services, strike at the very heart of the First Amendment’s guarantee of religious liberty.”

The decision underscores the most salient issue at stake in these lawsuits and lockdowns: politicians’ indifference to people of faith and the role of religion in U.S. history. “The only explanation for treating religious places differently seems to be a judgment that what happens there just isn’t as ‘essential’ as what happens in secular spaces,” wrote Justice Neil Gorsuch in his masterful concurrence. “In recent months, certain other [g]overnors have issued similar edicts. At the flick of a pen, they have asserted the right to privilege restaurants, marijuana dispensaries, and casinos over churches, mosques, and temples.”

“That is exactly the kind of discrimination the First Amendment forbids,” he concluded.

Leaders in the Secular City do not consider the loss of worship especially grievous and have designed their orders to “perfectly align with secular convenience,” Justice Gorsuch wrote. Yet their faithful constituents bear a real burden. “Catholics who watch a Mass at home cannot munion, and there are important religious traditions in the Orthodox Jewish faith that require personal attendance,” the majority stated.

Gov. Cuomo’s religious restrictions not only discriminated against people of faith, they particularly targeted the munity and contained an underreported, misogynistic provision. “Agudath Israel argues that the [g]overnor specifically targeted the Orthodox munity and gerrymandered the boundaries of red and orange zones to ensure that heavily Orthodox areas were included,” the decision stated. Gov. Cuomo has certainly expressed his hostility to New York’s Orthodox munity, blaming “their religious practices” for his state’s high infection rate. “Gov. Cuomo should have known that openly targeting Jews for a special COVID crackdown was never going to be constitutional,”said Eric Rassbach, vice president and senior counsel at the Becket Fund for Religious Liberty and counsel to the plaintiffs.

The orders doubly discriminated against Jewish women. Justice Goruch noted that “[i]n the Orthodox munity that limit might operate to exclude all women, considering 10 men are necessary to establish a minyan, or a quorum.” In effect, Cuomo found a technicality that banned all Orthodox Jewish women from attending in-person synagogue services on the Sabbath. That stratagem is redolent of California Gov. Gavin Newsom’s church singing ban, which prohibits Eastern Orthodox Christians and Byzantine Catholics from celebrating the Divine Liturgy properly – or anyone from following the Apostle Paul’s injunction to worship the Lord with “psalms and hymns and spiritual songs.”

First Amendment litigators hailed the injunction as an important check on government’s ability to discriminate against or unduly burden the free exercise of faith. “This landmark decision will ensure that religious practices and religious institutions will be protected from government edicts that do not treat religion with the respect demanded by the Constitution,” said Avi Schick, an attorney for Agudath Israel of America. Kelly Shackelford of the First Liberty Institute hoped other politicians will understand that “government officials may not abuse their emergency powers to discriminate against Americans of faith.” And they hope other states will take this decision as a warning. “In light of this ruling, we call on all elected officials to amend any religious discriminatory orders,” said Alliance Defending Freedom Senior Counsel Ryan Tucker.

Yet it is unclear that the ruling has caused Gov. Cuomo to reconsider his exclusionary and discriminatory use of government power to prohibit the constitutionally guaranteed free exercise of religion. “Why rule on a case that is moot e up with a different decision than you did several months ago on the same issue?” Cuomo groused to reporters after the ruling. “You have a different court. And I think that was the statement that the court was making.”

If so, it is a message well worth sounding. As Justice Gorsuch wrote in his concurrence “[W]e may not shelter in place when the Constitution is under attack. Things never go well when we do.”

“Nothing is more dreaded than the National Government meddling with Religion,” John Adams wrote to Benjamin Rush. This decision reaffirmed the Founding Fathers’ spirit and our nation’s unique genius.

The case, Roman Catholic Diocese of Brooklyn v. Cuomo, represents a concerted, ecumenical movement in favor of religious freedom. Its plaintiffs include the Roman Catholic Church and Agudath Israel of America, an Orthodox Jewish organization. The nation is richer for their cooperation.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Start where you are
Like everyone else outside the Gulf Coast (i.e., not a direct victim or a tireless rescue worker, volunteer, or military member there to help), the TV remote has e my panion. The challenges are unprecedented–which is hard to fathom after 9/11. We are all passionately concerned that Katrina victims be safely and humanely moved out of harm’s and ill-health’s way. But that is only one small step. Once the scope of disaster and the need became munities all over the...
Lootin’ in Louisiana
Following the devastation in New Orleans from Hurricane Katrina, bands of looters are running rampant throughout the city. Things have gotten so bad that New Orleans Mayor Ray Nagin “ordered virtually the entire police force to abandon search-and-rescue efforts and stop thieves who were ing increasingly hostile.” According to reports, “Looters used garbage cans and inflatable mattresses to float away with food, clothes, TV sets — even guns. Outside one pharmacy, mandeered a forklift and used it to push up...
Robertson’s fatwa
Rev. Robert Sirico responds to Pat Robertson’s highly-publicized call for the assassination of Venezuelan president Hugo Chavez. “What is needed here, I believe, is a time of reflection. Christianity is not a national religion. It is does not regard every enemy of the nation-state as worthy of execution. It prefers peace to war. It chooses diplomacy over threat. It respects the right to life of everyone, even those who have objectionable political views,” he writes. Read the full text here....
‘No Higher Calling’
Courtesy of Rev. Eric Andrae, Lutheran pastor Bo Giertz offers us a great exposition of the “great cloud of witnesses” (Hebrews 12:1) and sums up the importance of the pastoral ministry. “‘It is a great thing to receive a heritage…. It is wonderful to stand in the same pulpit, to learn of [those who have gone before us,] and to carry forward the work they began. Sir…, can anything be greater than to be a pastor in God’s church?'” (Bo...
It’s wealth not poverty that’s on the rise
The Census Bureau today released a report citing that 37 million Americans lived under the poverty line, a jump of 1.1 million from 2003. “I was surprised,” said Sheldon Danziger, co-director of the National Poverty Center at the University of Michigan. “I thought things would have turned around by now.” What’s missing are the poverty threshold numbers that reveal that a family of four is considered “poor” if family e is below $19,000. What’s actually on the rise is not...
For our freedom and yours: Remembering solidarity
Today marks the 25th anniversary of the formation of Poland’s Solidarity movement. Samuel Gregg says that Solidary gives us a view of a labor union whose “stand for the truth about the human person and against the lie of Marxism contributed immeasurably to the collapse of one of the two great totalitarian evils that disfigured the twentieth-century.” Read the full text here. ...
Prayer for Labor Day
From the PowerBlog archives: Almighty God, you have so linked our lives one with another that all we do affects, for good or ill, all other lives: So guide us in the work we do, that we may do it not for self alone, but for mon good; and, as we seek a proper return for our own labor, make us mindful of the rightful aspirations of other workers, and arouse our concern for those who are out of work;...
Principled giving
The devastation that we have seen this week in the Gulf Coast region and especially New Orleans is almost beyond our capacity to understand. Our instinct is to do something – anything – to help those in need, but when the crisis is this huge, what does one do? Writing for National Review Online, Karen Woods, the Director of Acton’s Center for Effective Compassion, lays out some ways that we can most effectively use our resources to help the many...
Dunn deal: A challenge for the NFL
Pro running back Warrick Dunn, a native of Louisiana, is challenging every NFL player (other than New Orleans Saints) to donate at least $5,000 to hurricane relief efforts. “If we get players to do that, that would amount to $260,000 per team. I have heard from so many players both on my team and around the league who just want to do something. Well, this is the best thing that we can do and it’s something we should do,” he...
The voice of a secular prophet
The Americans brought this on themselves. That’s one ing from around the world as it surveys the devastation following Hurricane Katrina. In what can only be described as callously political maneuvering, Germany’s environmental minister Jürgen Trittin said today, “The increasing frequency of these natural events can only be explained through global warming which is caused by people.” Instead of offering condolences, well-wishes, or prayers, minister Tritten delivered the judgment of secular environmentalists. The Americans’ crime? “A U.S. citizen causes about...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved